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Waahi Tapu and Archaeological Sites

An archaeological site contains physical evidence of pre-1900 human activity. It may be visible at or above the ground surface or lie buried beneath it.

A waahi tapu site has been identified by iwi or hapu as a place that is spiritually and culturally important. It may be physically evident in the landscape although this is not always the case.

Many waahi tapu sites are located along the coast, rivers and estuaries or around lakes. It is possible for a site to be waahi tapu and an archaeological site – examples include pa sites, sites of past battles or historic events and remains of cultivation areas. 

How does the New Plymouth District Plan protect waahi tapu and archaeological sites?

Waahi tapu and archaeological sites are listed in appendix 26 and are shown on the District Plan maps as a triangle.

Rules OL81 to OL87 relate to waahi tapu and archaeological sites. The rules state that a land use or subdivision resource consent may be required from the Council before carrying out the following activities on, or in close proximity to, a waahi tapu or archaeological site listed in the District Plan:

•  Erection of structures (excluding fences) on or within 50m of any waahi tapu or archaeological site.
• Erection of structures (excluding fences) on or within 100m of any waahi tapu or archaeological site.
• Erection of fences on any waahi tapu or archaeological site.
• Excavation and filling, or clearance of vegetation, on or within 50m of any waahi tapu or archaeological site.
• Subdivision of an allotment that contains a waahi tapu or archaeological site.

The triangles on the District Plan maps show the location of a waahi tapu or archaeological site but not its extent or size.
Some triangles on the District Plan maps are displayed with a broken line meaning that they are silent files. A silent file is accurate to legal description only, and generally means that iwi or hapu have chosen not to publicly disclose its significance or any information that they hold regarding the site.
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What consultation is needed as part of a resource consent?

In most cases you will be required to consult with iwi or hapu as part of your application. The Council can provide advice on which iwi or hapu might be affected by, or be interested in, your proposal and can help facilitate consultation.
If iwi or hapu considered by Council staff to be affected by your proposal give their written approval, it is likely that your application will be processed as non-notified (which means it is not necessary to call for submissions in support or opposition to your application). If iwi or hapu do not give their written approval it is likely that your application will be either publicly notified (which allows any member of the public to lodge a submission in support or opposition to your application) or processed as a limited notified application (which is served on affected people only, and only they can lodge a submission in support or opposition to your application).

The New Zealand Historic Places Trust will also need to be consulted for any application involving a trust registered historic place, historic area, waahi tapu or waahi tapu area.
In most cases, consultation will help in the smooth processing of an application. Time and effort spent in early consultation with affected parties can mean avoiding lengthy delays as well as costly hearings and appeals to the Environment Court.
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What financial assistance can the Council provide if I have a waahi tapu and archaeological site on my property?

To ensure ongoing protection, the Council’s Heritage Protection Fund may provide partial funding for the maintenance and protection of waahi tapu and archaeological sites listed in the District Plan. Examples of what the fund may contribute towards include fencing around a waahi tapu or archaeological site, or information signs. For more details about this fund please refer to the Heritage Protection Fund information.

What should I do if I discover a previously unknown archaeological site?

It is unlawful to destroy, damage or modify an archaeological site without obtaining an archaeological authority from the New Zealand Historic Places Trust before you start work. Therefore if you discover a previously unknown archaeological site (for example, when you are conducting earthworks) you must stop any work that could affect it and contact the trust for advice on how to proceed.

The police will also need to be involved if human remains are revealed, and if any artefacts are found they must be handed over to the Ministry for Culture and Heritage.
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